The Federal High Court in Abuja has scheduled September 25, 2024, for the arraignment of former Kogi State Governor, Alhaji Yahaya Bello.
This decision comes even though an appeal has been filed at the Court of Appeal in Abuja.
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Justice Emeka Nwite set the new date after delivering a ruling on an application by Bello’s counsel, Abdulwahab Mohammed, SAN.
Mohammed had requested the court to stay proceedings pending the outcome of the appeal challenging an earlier arrest warrant and other rulings issued by Justice Nwite.
During the session, Mohammed argued that the court should halt the proceedings until the appeal is resolved, citing relevant legal authorities.
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He also expressed dissatisfaction with the treatment of his colleague, Adeola Adedipe, SAN, at the previous hearing, accusing the prosecution of misleading the court.
Justice Nwite questioned whether continuing the case amid an appeal would constitute judicial overreach.
“Won’t it amount to judicial rascality to continue this case when there’s an issue of jurisdiction?” the judge asked.
Counsel for the Economic and Financial Crimes Commission (EFCC), Kemi Pinhero, SAN, opposed the stay of proceedings, asserting that the defence had not provided any document from the Court of Appeal instructing the lower court to pause the case.
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Justice Nwite noted that the power to grant a stay of proceedings is discretionary and must be exercised judiciously.
However, he concluded that the defendant appeared to be using the appeal to delay the trial.
In a related ruling, Justice Nwite approved the withdrawal of Adeola Adedipe, SAN, from representing Bello.
The judge referred Adedipe to the Legal Practitioners Disciplinary Committee for investigation over alleged misconduct related to his failure to present Bello in court.
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Pinhero acknowledged Adedipe’s withdrawal and requested the court to reconsider the ruling on the alleged misconduct.
Justice Nwite instructed Pinhero to file a formal application regarding this matter.
The case was adjourned to September 25, 2024, for arraignment, ensuring that the proceedings will continue despite the pending appeal.
